Access to Workplaces for OHS Purposes

Submissions have now closed

The Minister for Workplace Relations has announced the proposal to amend the Workplace Health and Safety Act 1995 (the WHS Act) to allow appropriately authorised representatives of employee organisations to enter workplaces to discuss health and safety issues or to enquire into and facilitate the resolution of a health and safety issue at the workplace, subject to specified conditions and protections.

The paper linked below invites comment, discusses the background to this issue, and provides detail of the proposal to provide for access for occupational health and safety (OHS) purposes.

In brief, the proposal includes provisions for:

• a process to be established where an employee organisation may nominate one or more officials to be assessed for an OHS access card, which permits access to workplaces for OHS purposes, under certain conditions;
• OHS access cards to be issued by the Director of Industry Safety (a person appointed under the WHS Act), subject to the nominee meeting specified criteria;
• entry to workplaces to be permitted where members of the relevant employee organisation, or persons eligible to be members, work;
• purpose of entry to be to discuss health and safety issues during breaks or to enquire into and facilitate the resolution of a health and safety issue at the workplace;
• powers to include making enquiries, observing work, requesting documents, interviewing relevant people, and consulting with relevant duty holders and inspectors; and
• protections and sanctions to be included, including a requirement that OHS access card holders will not use or disclose information acquired at the workplace for a purpose not reasonably and directly connected with the health and safety of a worker.

Comment is invited from individuals, organisations and industry bodies. Please send your written submissions to

Please indicate if you wish all or part of your submission to remain confidential. Please also indicate whether or not you agree to any part of your submission to be publicly attributed to yourself and/or your organisation.

If you require an alternative access to this paper please contact the Helpline for a copy to be mailed to you.

 OHS Access Information Paper (AR012)